PER MR.B.S.WASEKAR, HON’BLE PRESIDENT
1) The present complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986. According to the complainant, his mother Smt.Bhagirathi Nagappa Yenpe was an agriculturist holding Gut No.144 at village Nandur, Taluka-Mangalvedha, District-Solapur. She died accidentally on 7th May, 2012 in motor vehicle accident. He submitted insurance claim under the Government Scheme of Shetkari Apghat Vima Yojana. His claim was not satisfied therefore he has filed this complaint for insurance claim of Rs.1 Lakh with interest.
2) The O.P.No.1 appeared and filed written statement. It is submitted that the claim was rejected vide letter dated 31st December, 2012 as the Post Mortem Report was not submitted. There is no deficiency in service on the part of the opponent therefore the complaint is liable to be dismissed with cost.
3) The O.P.No.2 appeared and filed written statement and submitted that claim was received through District Agricultural Officer, Solapur and the same was forwarded to the O.P.No.1 and the O.P.No.1 repudiated the claim vide letter dated 31st December, 2012.
4) The O.P.No.3 appeared but failed to file written statement.
5) After hearing all the parties and after going through the record, following points arise for our consideration.
POINTS
Sr.No. | Points | Findings |
1) | Whether there is deficiency in service ? | No |
2) | Whether the complainant is entitled for the relief as claimed ? | No |
3) | What Order ? | As per final order |
REASONS
6) As to Point No.1 & 2 :- The complainant has produced revenue record, showing that his mother was holding agricultural land and she was farmer. The complainant also produced copies of Police Complaint, Spot Panchanama and Death Certificate. According to the opponents, post mortem report was not submitted therefore the claim was repudiated vide letter dated 31st December, 2012. In the written statement as well as in the affidavit of evidence, the O.P.No.1 & 2 have specifically taken defence about the repudiation of claim for want of post mortem report. As per Tripartite Agreement, it is necessary for the claimant to submit copy of F.I.R., Spot Panchanama, Inquest Panchanama and Post Mortem Report. The complainant has produced only copy of police complaint and Spot Panchanama. He has not produced copy of post mortem report and Inquest Panchanama. As per police compliant, the accident took place on 26th April, 2012 and as per Death Certificate, the deceased died on 7th May, 2012. In Death Certificate, there is no cause of death. The complainant has not produced any evidence showing the cause of death of the deceased. As per Tripartite Agreement, it is necessary for the claimant to submit post mortem report, inquest Panchanama and other documents. In spite of specific defence taken by the opponents, the complainant failed to produce the copy of inquest Panchanama and post mortem report. The claim was repudiated by the opponents as these documents were not produced at the time of submission of claim. Till today, the complainant failed to produce these documents therefore the complainant is not entitled for the claim under the Shetkarti Apghat Vima Yojana. Hence, we proceed to pass the following order.
ORDER
- Complaint stands dismissed.
- Partied are left to bear their own costs.
- Inform the parties accordingly.
Pronounced on 3rd November, 2014
